Relations between organized labor and management in this City and County have for many years been marked by a mature adherence to the principles of good faith, collective bargaining and a mutual respect for the rights, interests and well being of working people, business and industry. The importation or use in this City and County of professional strikebreakers as replacements during a strike or lockout endangers such sound and beneficial relations between labor and management.
Experience in this City and County and in other parts of this country demonstrates that the utilization of professional strikebreakers in labor disputes is inimical to the public welfare and good order in that such practices tend to prolong industrial strife, frustrate collective bargaining and encourage violence, crimes and other disorders.
Persons who customarily offer themselves as replacements during labor disputes are generally of unsavory character and accustomed to association with undesirable elements. The introduction of such persons into the community and their employment in this City and County is harmful to our citizens and threatens the public peace.
The aforementioned evils are beyond the regulation of applicable state or federal law, and the mitigation and correction thereof requires the exercise of the police power of this City and County.
(Added by Ord. 317-64, App. 11/30/64)
As used in this ordinance the following words and phrases shall unless provided otherwise have the following definitions:
(a) "Employer": A person, partnership, firm, corporation, association or other entity, which employs any person or persons to perform services for a wage or salary. "Employer" includes any person, partnership, firm, corporation, association or other entity acting as an agent of an employer, directly or indirectly.
(b) "Employee": Any person who performs services for wages or salary under a contract of employment, express or implied, for an employer.
(c) "Strike": Any concerted act of employees in a lawful refusal of such employees under applicable state or federal law to perform work or services for an employer.
(d) "Lockout": Any refusal by an employer to permit his employees to work as a result of a dispute with such employees affecting wages, hours or other terms or conditions of employment of said employees.
(e) "Professional Strikebreaker": Any person (1) who during the period of five years immediately preceding the acts described in provision (2) of this Subdivision (e) has repeatedly offered himself to employers at whose places of business a strike or lockout was currently in progress, for employment for the duration of such strike or lockout for the purpose of replacing an employee or employees involved in said strike or lockout, and (2) who currently offers himself to an employer at whose place of business a strike or lockout is presently in progress, for employment for the purpose of replacing an employee or employees involved in said strike or lockout.
"Repeatedly," as used in the foregoing provision, is defined as meaning on two or more occasions (exclusive of any current offer for employment in connection with a current strike or lockout).
"Employment for the duration of such strike or lockout" shall include employment for all or part of the duration of such strike or lockout; and, in connection therewith, shall include services during all or part of such strike or lockout which began not more than one month prior to the initiation thereof, or, in the alternative, which concluded not later than one month after the termination of such strike or lockout.
"Employment," as used in this Subdivision (e), is defined as service for an employer, whether compensated by wages, salary, or any other consideration not limited to the foregoing and whether secured, arranged or paid for by an employer or any other person, partnership, firm, corporation, association or other entity.
(Added by Ord. 317-64, App. 11/30/64)
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